# C_2014061EN.01000902.xml

| 1.3.2014 | EN | Official Journal of the European Union | C 61/9 |
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1.3.2014

EN

Official Journal of the European Union

C 61/9

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Action brought on 29 November 2013 — Eycharis Nezi v OHIM — Etam (E)

(Case T-645/13)

2014/C 61/15

Language in which the application was lodged: Greek

Parties

Parties

Applicant): Eycharis Nezi (Mykonos, Greece) (represented by: A Salkitzoglou, lawyer)

Applicant):

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Defendant:

Other party to the proceedings before the Board of Appeal: Etam SAS (Clichy, France)

Other party to the proceedings before the Board of Appeal:

Form of order sought

Form of order sought

The applicant claims that the General Court should:

| — | annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 3 October 2013 in Case R 329/2013-4; |
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annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 3 October 2013 in Case R 329/2013-4;

| — | vary the above decision so that the applicant’s mark is registered for all the goods and service which were applied for and, |
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vary the above decision so that the applicant’s mark is registered for all the goods and service which were applied for and,

| — | order the opponent to pay all the applicant’s legal costs, including all costs of any interveners. |
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order the opponent to pay all the applicant’s legal costs, including all costs of any interveners.

Pleas in law and main arguments

Pleas in law and main arguments

Applicant for a Community trade mark: The applicant.

Applicant for a Community trade mark:

Community trade mark concerned: The figurative mark ‘Ε’, for goods and services in Classes 14, 16, 18, 25, 26, 35 and 40 — Community trade mark application No 8701138.

Community trade mark concerned:

Proprietor of the mark or sign cited in the opposition proceedings: The opponent before the Board of Appeal.

Proprietor of the mark or sign cited in the opposition proceedings:

Mark or sign cited in opposition: The Community figurative mark ‘Ε’, for goods in Classes 3, 18 and 25.

Mark or sign cited in opposition:

Decision of the Opposition Division: Rejection of the opposition.

Decision of the Opposition Division:

Decision of the Board of Appeal: Partial annulment of the decision of the Opposition Division.

Decision of the Board of Appeal:

Pleas in law:

Pleas in law:

| — | Infringement of the Treaty on the Functioning of the European Union; |
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Infringement of the Treaty on the Functioning of the European Union;

| — | Infringement of Article 4 of Regulation No 207/2009; |
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Infringement of Article 4 of Regulation No 207/2009;

| — | Infringement of Article 8(1)(b) and (5) of Regulation No 207/2009; |
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Infringement of Article 8(1)(b) and (5) of Regulation No 207/2009;

| — | Infringement of Article 76 of Regulation No 207/2009, and |
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Infringement of Article 76 of Regulation No 207/2009, and

| — | Infringement of Articles 15 and 42 of Regulation No 207/2009. |
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Infringement of Articles 15 and 42 of Regulation No 207/2009.

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